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Case Number: COWE-21-001437 Division: 81
Filing # 121407854 E-Filed 02/15/2021 03:58:15 PM
IN THE COUNTY COURT OF THE 17" JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
DRY SOLUTION EXPRESS, CORP. a/a/o
ANGIE RODRIGUEZ,
Plaintiff,
Vv. CASE NO.:
FIRST COMMUNITY INSURANCE
COMPANY,
Defendant.
/
COMPLAINT
The Plaintiff, DRY SOLUTION EXPRESS, CORP. a/a/o ANGIE RODRIGUEZ
(hereinafter referred to as “Plaintiff’) by and through the undersigned counsel, hereby files
its Complaint against the Defendant, FIRST COMMUNITY INSURANCE COMPANY,
(hereinafter referred to as the “Defendant”), and in support thereof states:
1 This is an action for damages which does not exceed Eight Thousand dollars
($8,000.00), but does not exceed Thirty Thousand dollars ($30,000.00), exclusive
of interest, attorney’s fees, and costs, and is otherwise within the jurisdiction of this
Court.
That at all times material hereto the Plaintiff was and is Florida corporation with its
principal place of business in Florida.
That at all times material hereto the Defendant was and is an insurance company
authorized to do business in the State of Florida and doing business in Broward
County, Florida.
4. The Defendant issued a Homeowner’s Policy No. 090011626763400 (hereinafter
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/15/2021 03:58:13 PM.**#*
referred to as the “Policy”) to the insureds, Angie Rodriguez and Fredy Martinez
(hereinafter referred to as “insureds”), providing insurance coverage for losses as
otherwise described in the Policy.
At all times material hereto, the insureds’ property where the subject loss occurred,
was located at 2200 East Preserve Way, Apt. 305, Miramar, FL 33025, (hereinafter
referred to as “Property”).
Jurisdiction for this litigation is proper in Broward County, Florida, by virtue of the
fact that (1) the Property is located in Broward County, Florida; and (2) the cause
of action arose in Broward County, Florida.
On or about September 21, 2020, the insureds suffered a covered water loss while
the subject policy was in full force and effect.
Upon notice of the loss the Defendant acknowledged the claim and assigned the
claim number 20-5825.
Pursuant to the subject Policy, upon the occurrence of a loss, the insureds are
required to make reasonable and necessary repairs to protect the property from
further damages.
10. Pursuant to this mandate, on or about September 21, 2020, the insureds hired the
Plaintiff to perform water extraction services on the Property.
11 Plaintiff provided necessary water extraction services for the insureds in exchange
for a post-loss assignment of insurance benefits for water mitigation services. A
copy of the executed assignment of benefits for water extraction service is attached
as Exhibit “A”.
12. Plaintiff brings this action pursuant to such post-loss assignments of insurance
benefits.
13. The insureds timely provided all the required notices to the Defendant, preserved
the Property to the extent possible, and otherwise complied with all conditions in
order to recover under the policy, or in the alternative, those conditions have been
waived or excused by the Defendant.
14. As an assignee of the insureds, compliance by the insureds with all conditions is
compliance by the Plaintiff, and any waiver that benefits the insureds, also benefits
the Plaintiff.
15 In accordance with the aforementioned assignment of insurance benefits, Plaintiff
timely submitted invoices for covered water extraction services to the Defendant
prior to this action.
16. However, Defendant failed to pay Plaintiff's invoices for water extraction services.
17. On January 28, 2021, in compliance with Fla. Stat. § 627.7152 (2019), Plaintiff
provided Defendant with a Notice of Intent to Initiate Litigation, to the email
address provided by Defendant.
18 As such, all conditions precedent to liability, damages and the filing of this action,
have occurred or have otherwise been excused or waived.
19. Plaintiff has been forced to employ the legal services of Diaz Legal Consulting,
LLC to bring this action and has agreed to pay reasonable attomey’s fees.
20. Plaintiff is entitled to reasonable attorney’s fees pursuant to Fla. Stat. § 627.7152
for the successful rendition of a judgment/decree against the Defendant.
COUNT I—- BREACH OF CONTRACT FOR NON-PAYMENT OF WATER
EXTRACTION SERVIC
21. Plaintiff re-avers and re-alleges paragraphs 1 through 20 of this Complaint.
22. Pursuant to the aforementioned assignment of benefits for water extraction
services, the parties were mutually bound to an insurance contract.
23 This insurance contract obligates the Defendant to compensate the Plaintiff for the
water extraction services provided to preserve the property and protect it from
further loss.
24. The insureds suffered a covered water loss and subsequently executed an
assignment of insurance benefits to the Plaintiff in exchange for water extraction
services.
25 Despite the aforementioned, the Defendant failed to compensate the Plaintiff for
the services rendered, thus breaching the above referenced insurance contract.
26. As a direct and proximate result of the Defendant’s breach of the Policy, the
Plaintiff has sustained damages.
WHEREFORE, the Plaintiff demands Judgment for the required compensation
per the Policy, as well as taxable costs, interest, and reasonable attorney’s fees under Fla.
Stat. § 627.7152, and any other relief this Honorable Court deems just and appropriate.
DEMAND FOR JURY TRIAL
Plaintiff demands trial by a jury as a matter of right on all counts and issues triable
by jury.
[Certificate of Service on the Next Page]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served
with the Summons on Defendant.
DIAZ LEGAL CONSULTING, LLC
Attomey for the Plaintiff
9661 Sunrise Lakes Blvd. #102
Sunrise, FL 33322
Ph: 954-866-0540
Email: mdiaz@diazlegalconsulting.com
By: /s/ Maria F. Diaz
Maria F. Diaz, Esq.
Florida Bar No. 0117679
Dated this 15th day of February, 2021.
EXHIBIT “A”
DRY Sam.
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WATER
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*
SERVICE AGREEMENT AND ASSIGNMENT OF INSURANCE BENEFITS FOR
MITIGATION SERVICES
Owner/Agent Name: Keecy tortie / AVQIE FOPpEVES
/
Address: 2200 BE Feesteve way
Phone(s): 454 ¢ SBV2S6 Email: brah rez 02250 erent Cond
Ins. Company: EAA ECS MSCE Rp) CE & DI. YIP PolicyNo.: D7 OCU 626 7E2 ¥ 03
Claim No.: Zo- $8 2S Date of Loss: Ig, 20
Agreement: the Owner/Agent for the job site listed above (herein “Customer”), agrees and understands that
this is a binding contract for goods or services between him/her and Dry Solution Express, Corp. (herein “DSE”).
Customer authorizes DSE to enter the property, furnish materials, supply all equipment, provide all reasonably
necessary repairs, and perform all labor necessary to protect, repair, restore, or replace a dwelling or structure
or to mitigate against further damage to such property. However, DSE makes no guarantees as to the non-
growth of microorganisms after performance of water mitigation services per standard industry procedures.
Estimates: due to the nature of some of the services performed by DSE, estimates might not be available in
advance of completed work. However, DSE has provided its Standard Price List below. Services not listed will
be subject to reasonable prices of the industry. In case of emergency, the first day of the emergency costs will
be estimated below or on a separate invoice.
Stop Work-Hold Harmless: in the event DSE is not allowed to perform its recommended procedures and/or
drying equipment is removed prematurely, Customer agrees to release and hold DSE harmless, and indemnify
DSE against all claims or actions that may result from such procedures.
Assignment of Insurance Benefits and authorization of Direct Payment by Insurance Company: Customer hereby
assigns and transfers to DSE all post-loss insurance rights, benefits and causes of action under Customer’s
property insurance policy for the services provided by DSE in consideration for DSE’s performance of services,
without requiring full payment at the time of service. Customer authorizes his/her home insurance company to
make direct payment of any benefits owed to DSE, and to release any and all information requested by DSE or
its Attorney for the purpose of obtaining such benefits. Customer hereby appoints DSE as attorney-in-fact
authorizing DSE to endorse Customer’s name, and to deposit insurance checks or drafts for DSE. If payment for
DSE’s services is made to Customer, Customer agrees to turn it over to DSE within 48 hours of receipt. Customer
can rescind this assignment of insurance benefits, within the timeframe explained below, by providing a signed
notice to DSE in writing. Customer would be personally liable for any work performed by DSE before such
rescission is received by DSE. DSE will provide the Customer’s insurer with a copy of this agreement within 3
business days from the date on which it is executed or the date on which work begins, whichever is earlier.
PAYMENT: In exchange for this assignment of benefits, DSE agrees indemnify and hold the Customer harmless
from all liabilities, damages, losses, and costs, including, but not limited to, attorney fees, should the policy
subject to the assignment agreement prohibit in whole or in part, the assignment of benefits. However,
Customer would be personally liable for any betterment ordered and approved by the Customer, and for any
applicable insurance policy deductible.
14041 Richwood Place, Davie, FL 33325
Ph: 954-366-4307 / info@drysolutionexpress.com
YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR
INSURANCE POLICY TO A THIRD PARTY, WHICH MAY RESULT IN LITIGATION
AGAINST YOUR INSURER. PLEASE READ AND UNDERSTAND THIS
DOCUMENT BEFORE SIGNING IT. YOU HAVE THE RIGHT TO CANCEL THIS
AGREEMENT WITHOUT PENALTY WITHIN 14 DAYS AFTER THE DATE THIS
AGREEMENT IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON
THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE HAS NOT
SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS AFTER THE
EXECUTION OF THE AGREEMENT IF THE AGREEMENT DOES NOT CONTAIN
A COMMENCEMENT DATE AND THE ASSIGNEE HAS NOT BEGUN
SUBSTANTIAL WORK ON THE PROPERTY. HOWEVER, YOU ARE OBLIGATED
FOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE
AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR
OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY
INSURANCE POLICY.
Non-assignment and severability: If any provision is or becomes unenforceable or invalid, this Agreement shall
be interpreted and enforced as if it did not contain the said clause or provision.
Breach, venue and applicable law: in the event of breach of this Agreement, Customer agrees to pay DSE for the
collection costs, and attorney's fees necessary to enforce this contract and/or to recover any unpaid amounts
due under this Agreement. In that case, the choice of forum would be Broward County Court, and the choice of
law Florida.
STANDARD PRICE LIST
Emergency Service Call Business Hours: $170.00 Generator: $125.00 per day (Min. of 3 days)
Emergency Service Call after Hours: $250.00 Dehumidifier: $110.00 per day (Min. of 3 days)
Clean Water Extraction (up to 2 inches high): $0.56 per sq. ft. Blowers: $29.00 per day (Min. of 3 days)
Clean Water Extraction Commercial Building: $0.75 per sq. ft. Air Scrubber: $125 per day (Min. of 3 days)
Black Water Extraction (Contaminated): $0.85 per sq. ft. Ozone Machine: $155.00 per day (Min. of 3 days)
Clean Walls & Ceilings heavy: $0.40 per Sq. ft Contents Manipulation: $40 per hour
Sanitize, Deodorize, & Mildew Prevention: $0.30 per sq. ft. Board Up window opening: $3.50 per sq. Ft
ULY Fogging: $0.06 per cu. Ft. Tarp Roof: $3.50 per sq. Ft. (200 Sq. Ft. Min.)
Remove Wet Carpet or Pad: $0.95 per Sq. Ft. Tarp Roof Commercial: $10.00 per sq. ft. (200 SF min.)
Remove Glue down Carpet and Dump: $1.95 per sq. ft Remove Baseboards: $0.60 per linear ft.
Equipment setup Take down Monitoring: $50 p/h (2hr min.) Remove Tile/marble Baseboard: $2.20 per linear ft.
Leak detection: Flat fee: $250 Block up furniture per room: $10.00
Inspection & Moisture Mapping: $50 per hour (2hr min.) Bag Debris for Disposal per bag: $10.00
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Thermal Imaging: Flat fee: $250.00 Services “ah will be bject to reasonable charges.
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Cust. Name:
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DSE Representative: Date: o9/ 2i[ 2020
14041 Rich ce, Davie, FL 33325
Ph: 954-366-4307 / info@drysolutionexpress.com